Violating the order is a misdemeanor under California law.
Over the past month, the novel coronavirus has spread rapidly throughout the United States. Thousands of people have died after being infected with COVID-19, and well over 100,000 people have been infected by the virus. On March 19, Governor Gavin Newsom issued an executive order that requires all Californians to shelter-in-place.
This order is authorized through the California Emergency Services Act. Under the order, Californians can only leave their homes in order to work (if their work is considered “essential”), to obtain necessities such as food, prescriptions and health care, and to exercise. At all times, Californians should practice social distancing measures as prescribed by the Centers for Disease Control and Prevention (CDC). The order is justified by the global pandemic, and is intended to help stop the rapid spread of the coronavirus.
As millions of Californians make preparations to remain in their homes for an extended period of time, this order has raised many questions. What services are essential? Where am I allowed to go during this period of time? Can I go to a beach or a state park? The governor’s office has provided answers to many of these common questions on their website.
For some Californians, an additional question may arise: can I be charged with a crime if I violate this order? According to a criminal defense lawyer in Santa Ana, CA, you may be charged with a criminal offense if you refuse to comply with the stay-at-home order.
Under the Emergency Services Act, a person who “refuses or willfully neglects” to comply with an order issued under the Act is guilty of a misdemeanor offense. This crime is punishable by up to 6 months in jail and/or a fine of $1,000.
While you can technically be charged with a crime and go to jail for violating the stay-at-home order, in reality, being arrested or thrown in jail for noncompliance is unlikely. According to Eddie Garcia, the San Jose Police Chief, “This isn’t martial law….If anyone thinks someone is going to jail just based on this, that’s not happening. No one’s going to jail over this.” Other law enforcement officers have agreed, stating citing a person for violating the stay-at-home order is a last resort.
However, if a person or a business willfully violates the order — such as a person having a big party at their house or a restaurant welcoming dine-in customers — the police may issue a citation. The distinction is that an individual might not fully comprehend the order, with its many exceptions, but gathering groups of people in a space would be a clear-cut violation of the order as well as the guidelines issued by the CDC.
In this confusing and uncertain time, we have faith that all Californians will come together to do their part to slow the spread of COVID-19. If you are charged with a crime related to the stay-at-home order or any other offense, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced criminal defense lawyer in Santa Ana, CA.
